Your Rights
Filing a Wage and Hour Claim - Pennsylvania

Does Pennsylvania have state overtime laws
that are different from federal law?

Like
federal law, Pennsylvania law requires that employees be paid one and
a half time their regular rate of pay for any hours worked over 40 in
any 7-day workweek.

Anyone
who is not covered by Pennsylvania's minimum wage (see #2 below) is
also not covered by the state's overtime provisions. In addition,
the following individuals who are covered by the state minimum wage
requirement are not covered by the overtime requirement:

Seasonal employees under 18
(or under 24 if students) if employed by nonprofit health or
welfare agencies engaged in activities for handicapped or
exceptional children, or if employed by a nonprofit day or
resident recreational camp operating for less than three months
out of the year

Employees of public
amusement or recreational establishments that operate for no
more than seven months per year or that make most of their money
in only six months out of the year.

Golf caddies

Switchboard operators for
small telephone companies

Employees (not subject to
civil service laws) of elected officials, or elected officials
themselves

Employers
are permitted to apply tips against the minimum wage using a
complicated formula. In general, the tip credit an employer applies
to an employee's wages may not count for more than 40% of the
employee's wage. In other words, if a tipped employee is making
minimum wage, the employer must pay at least $3.09 per hour which,
combined with tips, will add up to $5.15 per hour.

An
employer is also allowed to credit the value of board, lodging or
other facilities, but only if those are customarily provided by the
employer to her/his employees.

Pennsylvania
law does not require employers to provide meal or rest breaks to
employees 18 years old or older. If your employer does provide you
with a break of twenty minutes or less, (s)he is required to pay you
for that time. Employers are not required to pay for meal periods
over twenty minutes during which employees are not working.
Employees between 14 and 17 years old must receive breaks of thirty
minutes for every five consecutive hours worked.

How do I file a wage/hour or labor standards
claim in Pennsylvania?

If
your employer owes you wages, you can file a claim with the
Pennsylvania Department of Wage and Industry. The wage claim form
can be found at
http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&q=201211. If
your claim is valid, the Department will contact your employer in
order to help you recover your unpaid wages. If that is not
successful, the Department can also bring a suit in court on your
behalf against your employer. If your employer does not pay you
within sixty days of your filing a claim, you may be entitled to an
additional 25% of the value of the wages you are owed.

What are my time deadlines?

Do
not delay in contacting the OHR or EEOC to file a claim. There are
strict time limits in which charges of wage-and-hour violations must
be filed. In order for the Pennsylvania Department of Labor to act
on your behalf, you must filed your wage complaint within three years
of when your wages are due, since this is the statute of limitations
for filing a case for unpaid wages. However, as you might have other
legal claims with shorter deadlines, do not wait to file your claim
until your time limit is close to expiring. You may wish to consult
with an attorney prior to filing your claim, if possible.

How can I or my attorney pursue a claim in
court in Pennsylvania?

Instead
of filing a wage claim with the Department of Labor, you may also
file an individual suit in court to recover your unpaid wages. The
statute of limitations for such a claim is three years after the date
on which your wages were due. Under certain conditions, the court
may require the employer who owes you wages to pay your attorneys'
fees and may award you an additional 25% of the wages you are owed.

Contact
Information

You
can contact the following offices of the Bureau of Labor Law
Compliance:

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.

Workplace Fairness is a non-profit organization working to preserve and promote employee rights. This site provides comprehensive information about job rights and employment issues nationally and in all 50 states. It is for workers, employers, advocates, policymakers, journalists, and anyone else who wants to understand, protect, and strengthen workers’ rights.More about Workplace Fairness